Legal Question in Real Estate Law in California

I purchased a home with an unpermitted car port and an unpermitted addon room, neither was disclosed during the purchase six months ago..I went to the county to get a building permit for a workshop and was told I needed to get permits for the two unpermitted structures.. I also found out that prior to my purchased the county building inspector came to the property due to neighbor complains and the owner ( not the bank as this was a foreclosure sale) was issued a warning that was recoreded in the building department to stop any building and get permits.. he never did and the county never followed up on their requirment for the permits.. now the county is requiring me to get these permits before it will issue a permit for my work shop. should the county have forced the previous owner to comply or at least recorded these violations so that the title report would have picked them up ?


Asked on 2/09/11, 8:32 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

It isn't clear from your facts whether you bought this house at a trustee's sale, from a lender as its "real estate owned" or REO, or from the prior owner who built the additions without permits. A seller need disclose only what he, she or it knows. A trustee knows little or nothing about the property it is selling, and therefore has little or no disclosure responsibilities. A bank that bought the property at auction likewise would neither be able, nor required, to make many disclosures. If, on the other hand, you bought from the prior owner, he had a duty to disclose the unpermitted nature of the room and carport, and also the fact that the county had been after him ti obtain permits.

If the seller breached a duty to you and this will cost you money to remedy, it is time to consult a lawyer and go over the chances for suit and recovery of your losses.

If you bought from a trustee or bank, it may be time to have a detailed, cool-headed discussion with the building department about what steps you need to take to bring the building into compliance. If you're lucky, they will let you keep the additions rather than tear them down, for the price of the permit.

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Answered on 2/09/11, 8:51 am

I disagree with Whipple's assumptions, though if they were correct, he would be. You say it was a foreclosure sale. Therefore it is irrelevant whether you bought at the foreclosure auction or from the bank after they foreclosed and took the property. In either case you have no recourse against the owner who violated the permitting laws and requirements, and as Mr. Whipple says, the trustee has no disclosure duties and the bank would only have very limited duties that would not apply to this issue. Turning to your direct question, which was about the duties of the county, the answer to both parts is "no." The authorities have no duty to follow up on a cease and desist order any more than the police have a duty to issue you a ticket when they pull you over, or a duty to go out and make arrests on every bench warrant that is issued. They have discretion not to enforce, and they have discretion to prioritize who and what they go after with the resources available. As for recording, permit issues do not affect title to the property. Recorded title documents are limited to those that affect ownership, rights to posession and use that go along with ownership (such as easements and CC&R's), and properly perfected claims of liens. Therefore the county not only has no obligation to record the permit citations and orders, it would be entirely inappropriate for them to do so. That is not what land title records are for.

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Answered on 2/09/11, 9:57 am


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